Sunita Devi v. State Of Haryana And ANR

SHIVANI GUPTA 2020.02.05 11:15

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 03.02.2020 Sunita Devi ...Appellant(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. S.K. Gupta, Advocate, for Mr. R.B. Gupta, Advocate, for the appellant.

Ms. Vibha Tewari, AAG, Haryana.

G.S.SANDHAWALIA, J. (Oral) Office has put up the case on account of remand from the Apex Court in Civil Appeal Nos.21014-21016 of 2017 decided on 06.12.2017, since the case was disposed of in terms of the earlier decision in RFA No. 7108 of 2012, Rampal and others vs. LAC and another decided on 16.09.2015, which was set aside.

It is not disputed that the above said appeal has been re-decided on 31.05.2019 in RFA No. 7108 of 2012, Rampal and others (II) vs. Land Acquisition Collector and another and the market value for the notification dated 14.08.2008 for village Baselwa has been fixed vide the said judgment. The award in the present case is dated 05.03.2016 passed by the Reference Court, Faridabad and the land falls in village Baselwa as per the Memo of Parties which was also dealt with. This Court has fixed the market value for village Baselwa at Rs.3,300/- per square yard (Rs.1,59,72,000- per acre) within the limits of Municipal Corporation, Faridabad and for the other

land, at Rs.2,970/- per square yard (Rs.1,43,74,800/- per acre). The relevant portion reads thus:- "199. Keeping in view the above, the market value alongwith all statutory benefits is fixed as under:- xxx xxx xxx (iii) For the third notification dated 14.08.2008, the market value is fixed @ Rs.3300/- per square yard (Rs.1,59,72,000/- per acre) for the land falling within the limits of Municipal Corporation, Faridabad of villages Budhena, Baselwa and Mawai. For the other land of the said villages, the market value is fixed @ Rs.2970/- per square yard (Rs.1,43,74,800/- per acre). xxx xxx xxx

200. Resultantly, the appeals alongwith crossobjections filed by both the landowners and the State are disposed of. In appeals where delay has been condoned conditionally, the benefit of interest on the enhanced compensation for the period of delay in filing the appeals shall not be granted to the landowners, as specified in the orders condoning the delay. All the pending civil miscellaneous applications also stand disposed of.

201. The State shall also comply with the directions laid down by the Apex Court in 'HSIIDC Vs. Pran Sukh' (2010) 11 SCC 175, to ensure that the landowners are not fleeced by the middleman, which read as under:

(a) The Land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tahsildar, who shall get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation.

(b) The concerned officers shall also instruct the land owners and/or their legal representatives to open savings bank account in case they already do not have such account. (c) The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months. (d) The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners."

Accordingly, the present appeal is also disposed of in the same terms.

03.02.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No